My question involves criminal law for the state of: FLORIDA (Broward)
My question involves issues with audio evidence (taped statements). The first one is, that my rights were not read to me prior to them questioning me. The second issue is that, police edited the audio and removed parts of my statements to them. The audio evidence was not turned in to us 18 month after they gave us the discovery. The reason they say, was they were having trouble playing the audio file. I have been telling my attorney that the discovery was not accurate for about 24 months now, and that they edited the audio for about 6 months (when I first heard it), but it has fallen on deaf years, although he has been claiming all along that he believes me. He told me not to worry about whether the audio has been edited or not, because he is going to get the statements thrown out anyway, which by the way, he has been saying for 6 months and has not done so. It is one thing not to read someone their rights, and another if the audio evidence has been tampered with. The attorney has been paid in full by my family, including payments to conduct forensic analysis. He has avoided my family now for at least 9 months. Does not take their calls or answers their email. We have been up 7 times now, and the judge said he cannot grant another continuance after this last one. By the way, the 7 times that we were up, my attorney has simply just stepped up and told the judge that we need more time. That's it! If nothing is settled in the next court date, it is going to jury trial. Meanwhile, I have contacted several forensic audio analysts myself and they said they are willing to help, however, I am looking for an analyst in FL and have not been able to find one. My attorney is the one that needs to submit the evidence to the analyst because of chain of custody. How can I get around this if he refuses to play ball?
1. If I can prove that the audio evidence has been tampered with, is it grounds to dismiss the case?
2. Can my attorney be protecting his own interests by not wanting to bash the police like that?
3. What can I do to get my attorney to listen to me without hurting myself?
4. Does anyone know how I can find a forensic audio analyst in my area (Broward County, FL)?
5. Can I file a grievance?
Any help would be greatly appreciated.
My question involves issues with audio evidence (taped statements). The first one is, that my rights were not read to me prior to them questioning me. The second issue is that, police edited the audio and removed parts of my statements to them. The audio evidence was not turned in to us 18 month after they gave us the discovery. The reason they say, was they were having trouble playing the audio file. I have been telling my attorney that the discovery was not accurate for about 24 months now, and that they edited the audio for about 6 months (when I first heard it), but it has fallen on deaf years, although he has been claiming all along that he believes me. He told me not to worry about whether the audio has been edited or not, because he is going to get the statements thrown out anyway, which by the way, he has been saying for 6 months and has not done so. It is one thing not to read someone their rights, and another if the audio evidence has been tampered with. The attorney has been paid in full by my family, including payments to conduct forensic analysis. He has avoided my family now for at least 9 months. Does not take their calls or answers their email. We have been up 7 times now, and the judge said he cannot grant another continuance after this last one. By the way, the 7 times that we were up, my attorney has simply just stepped up and told the judge that we need more time. That's it! If nothing is settled in the next court date, it is going to jury trial. Meanwhile, I have contacted several forensic audio analysts myself and they said they are willing to help, however, I am looking for an analyst in FL and have not been able to find one. My attorney is the one that needs to submit the evidence to the analyst because of chain of custody. How can I get around this if he refuses to play ball?
1. If I can prove that the audio evidence has been tampered with, is it grounds to dismiss the case?
2. Can my attorney be protecting his own interests by not wanting to bash the police like that?
3. What can I do to get my attorney to listen to me without hurting myself?
4. Does anyone know how I can find a forensic audio analyst in my area (Broward County, FL)?
5. Can I file a grievance?
Any help would be greatly appreciated.
Ineffective Assistance of Counsel: My Attorney Won't Submit Evidence That I Think is Relevant
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